You Have Been Arrested at a Protest
Arrest at a protest triggers your rights under PACE 1984. Common charges include public order offences under the Public Order Act 1986 and the Public Order Act 2023. You should request a duty solicitor immediately.
Ask for the duty solicitor first
You have the right to free legal advice from a duty solicitor at the police station โ no means test, no income cap. Do NOT answer questions, sign anything, or give a statement until you have spoken to a solicitor. Silence cannot be used against you for the offence itself; you can later explain what happened with the benefit of advice.
Quick Answer
If arrested at a protest, your rights under the Police and Criminal Evidence Act 1984 apply from the moment of arrest โ you must be told the reason for arrest, you have the right to free independent legal advice (the duty solicitor), and you have the right to have someone informed. Exercise your right to silence in interview until you have spoken to a solicitor. Common charges include Public Order Act 1986 s.5 (causing harassment, alarm or distress) and serious disruption offences under the Public Order Act 2023.
Full Explanation
Arrest at a protest triggers the protections of the Police and Criminal Evidence Act 1984 (PACE). The arresting officer must tell you the reason for your arrest (s.28) and must caution you using the standard caution: 'You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.' If the officer fails to do either, the arrest may be unlawful.
Once at the police station, you have the right to free independent legal advice from a duty solicitor (PACE s.58) and the right to have a named person informed of your detention (PACE s.56). These rights should be requested immediately and cannot be routinely denied. If you are particularly vulnerable, an appropriate adult must be provided under the PACE Codes of Practice.
Common public order offences at protests include: section 4 of the Public Order Act 1986 (fear or provocation of violence), section 5 (causing harassment, alarm or distress โ a lower-level offence), and section 4A (causing intentional harassment). The Public Order Act 2023 introduced further offences including: locking on (attaching yourself to another person, object or land in a way capable of causing serious disruption), tunnelling, and obstructing major transport works. The 2023 Act also inserted a new offence of causing serious disruption by being present in or on a public highway in a way that is likely to cause serious disruption.
You should exercise your right to silence in interview โ under legal advice, most solicitors recommend making no comment in interview at this stage. This is a strategic right, not an admission of guilt. If you are charged, you will have the opportunity to put forward your case at trial. The duty solicitor will advise you on the specific offence alleged and on whether a no-comment interview is appropriate in your particular circumstances.
Bail may be granted at the police station (conditional or unconditional) or refused. If released on conditional bail, carefully observe any bail conditions โ breach of bail conditions can result in re-arrest and a separate offence under the Bail Act 1976. If charged, you will appear before the magistrates' court.
Legal Basis
- ยงPolice and Criminal Evidence Act 1984 ss.28, 56, 58 โ Arrest rights and police station rights
- ยงPublic Order Act 1986 ss.4, 4A, 5 โ Public order offences
- ยงPublic Order Act 2023 โ Serious disruption offences
- ยงBail Act 1976 โ Bail conditions and breach
What To Do
Stay Calm and Do Not Resist
Resistance to a lawful arrest is a separate criminal offence. Stay calm, do not pull away, and do not use abusive language. Ask clearly: 'Am I being arrested?' and 'What is the reason for my arrest?' The officer must tell you.
Request the Duty Solicitor Immediately
As soon as you arrive at the police station, ask for the duty solicitor. This right is free, available 24 hours, and applies regardless of your financial situation. Do not speak to the police about anything โ including 'off the record' โ until you have spoken to the solicitor.
Check the Evidence at Interview
Once you have spoken to the solicitor, they will advise you on the strength of the evidence before interview. If the police have strong video evidence, the solicitor may advise you to give an account; in other cases, a no-comment interview is standard advice. Follow the solicitor's advice.
Make No Comment in Interview if Advised
In a no-comment interview, you answer every question with 'No comment' or 'I have nothing to say at this time.' This is your legal right and cannot be used as evidence of guilt, though the court may draw an adverse inference if you later rely on a defence you did not mention in interview.
Understand Bail and Next Steps
After interview, you will be bailed (conditionally or unconditionally), released without charge, released under investigation (RUI), or charged and produced before a court. If bailed with conditions (for example, not to attend a specific location), these are legally binding โ breach them and you can be re-arrested.
Important Deadlines
Important Warnings
Do not speak to the police, other detainees, or cell staff about the events โ anything said may be recorded and used in evidence.
Even if you believe you have done nothing wrong, do not make voluntary admissions before speaking to a solicitor โ you may not fully understand what offence is alleged.
Protest-related offences under the Public Order Act 2023 include relatively new provisions that solicitors are still developing case law around โ ensure your solicitor is up to date on the 2023 Act.